Proposition 36 (also known as Penal Code Section 1210)

A law known commonly as “Prop. 36” generally holds that an individual accused of non-violent drug possession or being under the influence of a controlled substance may NOT be incarcerated as a term of probation. This rule can apply even if the client has previously been charged with a drug possession or under the influence case. However, there are many rules surrounding this law that require consultation with an attorney to see if you are eligible.